Chandan Kumar Yadav @ Chhotu Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31719 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SONBERSA District- SAHARSA ======================================================
1. Chandan Kumar Yadav @ Chhotu Yadav, son of Arvind Yadav,
2. Sushil Sharma, son of Yogendra Sharma, Both residents of VillageBhada, Police Station- Sonbarsa Raj, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard the parties.
The petitioners seek regular bail in connection with Sonbarsa Raj P.S.Case No.14 of 2017, registered for offences punishable under Section 392 of the Indian Penal Code. The petitioner is not named in the F.I.R. The case is under Section 392 of the IPC. It appears that he has been made accused in this case on the basis of confession of the co-accused. Submission of the learned counsel for the petitioners is that except confessional statement, there is nothing against them. They have not been put on T.I.P. and there is no recovery from them. They are in custody for about five months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.31719 of 2017 (2) dt.14-07-2017 2/2 circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in connection with Sonbarsa Raj P.S.Case No.14 of 2017.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
(iv) If his active participation in such type of cases is found in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U